AARON A. BAGGETT, PETITIONER,
v.
LOUIE L. WAINWRIGHT, DIRECTOR, DIVISION OF CORRECTIONS, RESPONDENT
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The court held that the petitioner's allegations for relief were factually resolved by the Commissioner's report, necessitating the discharge of the writ of habeas corpus.
The defendant was represented by privately retained counsel at trial and did not inform the judge of indigency or desire to appeal. The trial judge ha…
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Pursuant to our directions in Baggett v. Wainwright, Fla.1969, 229 So.2d 239, Honorable William K. Love, Circuit Judge of the Tenth Judicial Circuit, has submitted to this Court his report as the appointed Commissioner in this cause. Said report contains the following findings:
“a. That the Defendant was represented at his trial on the charge of breaking and entering with intent to commit a felony by counsel privately retained by him.
“b. That upon sentence being imposed, neither he nor his counsel advised the trial judge of his indigency nor of his desire to appeal his conviction; nor did the Defendant or his counsel request the trial judge to appoint counsel to perfect such appeal.
“c. That the trial judge had no reason to believe the Defendant to be indigent and, therefore, no duty to initiate an inquiry as to such need.”
Upon a thorough consideration of the findings of Commissioner Love, we conclude the allegations set forth by Petitioner *487Baggett as a basis for relief (see Baggett v. Wainwright, supra) are factually resolved so as to necessitate discharge of the writ of habeas corpus previously issued.
It is so ordered.
ERVIN, C. J., ROBERTS, CARLTON, ADKINS and BOYD, JJ., and LARKIN, Circuit Judge, concur.
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State v. Dist. Court of Appeal of Fla., 569 So. 2d 439 (Fla. 1990)…he district court of appeal from going forward with the motion for habeas corpus. The district court of appeal responds that it is following the procedure announced by this Court in Baggett v. Wainwright, 229 So. 2d 239 (Fla.1969), writ discharged, 235 So. 2d 486 (Fla.1970). In Baggett, the petitioner alleged that he had been represented during trial by privately employed counsel but was unable to retain that counsel for purposes of appealing his conviction because he had become indigent. He said that he and…
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Trowell v. State, 706 So. 2d 332 (Fla. 1st DCA 1998)…those cases do not address the effect that a plea of guilty has upon the taking of an appeal. [*341] In the majority opinion, Judge Ervin relies upon two Florida Supreme Court eases, Baggett v. Wainwright, 229 So. 2d 289 (Fla.1969), writ discharged, 235 So. 2d 486 (Fla.1970), and State v. District Court of Appeal, First District, 569 So. 2d 439 (Fla.1990), and a United States Supreme Court ease, Rodriquez v. United States, 395 U.S. 327, 89 S.Ct. 1715, 23 L.Ed.2d 340 (1969). None of those eases involve the sit…
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Stephenson v. State, 640 So. 2d 117 (Fla. 2d DCA 1994)…umbersome procedure we have fashioned, treat the notice of appeal as a petition for writ of habeas corpus, and grant Stephenson belated review of the merits of his appeal. See Meyer; Baggett v. Wainwright, 229 So. 2d 239 (Fla.1969), writ discharged, 235 So. 2d 486 (Fla.1970). However, our supreme court made it clear in First District that “henceforth petitions for belated appeal because of ineffective assistance of counsel should be filed in the trial court by a motion under rule 3.850 rather than in the appe…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Baggett v. Louie L. Wainwright, 229 So. 2d 239 (Fla. 1969)